A FORMER councillor has raised concerns over no-fault evictions being used by landlords to gain possession of rented properties in Winchester.
Recent Conservative candidate, Ian Tait, posed the issue to Winchester City Council in a cabinet meeting on Tuesday, May 23 after one of his friends was forced to leave his housing association flat through a Section 21 ‘no-fault eviction’.
The Section 21 order allows landlords to evict a tenant without having to give any reason, with just two months’ notice.
Mr Tait’s friend had to leave his first-floor flat, in Sussex Street, in the summer and present themself as homeless to the council.
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The ex-councillor said: “Thankfully, they are now securely housed in a council flat in Winchester. However, the whole experience was very traumatic and worrying for them.
“The old flat remains empty and obviously isn’t earning any rental income or more importantly housing anyone.
“I’m very alarmed that a property that is owned by the council could be subject to the use of a no-fault Section 21 order. I’m in contact with the landlord and they tell me they are going to look into this matter.
"But with the pending changes in the tenancy legislation, I’m assuming that the landlord will not seek repossession using the section 21 no-fault order.
“Clearly, it would not be appropriate to discuss a specific case in an open forum however I have already flagged up the background details to the council. Therefore, I would be grateful if an assurance can be given that the tenant will not forcibly be evicted from their council-owned property.
“There is a time urgency for the occupant, who would not want the public exposure of being named. I hope that that reassurance can be given by the leader of the council, particularly for a property owned by the council and in his own ward.”
In response, council leader Cllr Martin Tod made it clear that the city council does not support Section 21.
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Cllr Tod said: “As a former employee of Shelter, the housing homelessness charity, and as a current supporter of that charity I have strong views on the use of section 21 grounds of possession. I’m very pleased to hear that it is being phased out.
“The council has a statutory duty to help people avoid homelessness and we are not supportive of section 21 grounds possession.
“I don’t know what powers, if any, we have to enforce that on properties we own but have leased out.
“Twenty per cent of homeless prevention by councils is due to section 21 notices. It is a big priority for this county to work with people to help them avoid homelessness. Our goal is that everybody in our district has a secure and affordable home.”
The council leader concluded that he would talk to the housing officers to ensure Mr Tait’s friend will be better supported.
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